The FA took this decision after the Supreme Court ruling on 16 April, which concluded that the legal definition of a women is based on biological sex.
The FA's representative stated: “This is a complex subject, and our position has always been that if there was a material change in law, science, or the operation of the policy in grassroots football, then we would review it and change it if necessary.”
We asked commentators how HR can support transgender employees and create a trans-inclusive workplace.
Read more: How will the Supreme Court's gender ruling impact HR leaders?
Business and HR leaders should consult with trans-led inclusion specialists in order to understand how to support their own transgender employees, said Hanna Naima McCloskey, founder of DEI solutions agency Fearless Future.
She told HR magazine: “[Business leaders] have no obligation to change anything as the Equality and Human Rights Commission's statement is not statutory. [Employers] can engage law firms with a track record of litigating for trans equality to guide them.
“Business leaders are not powerless, and can and should use their economic power to advocate for trans staff among government and other officials to challenge the ruling. That is a powerful and important signal to trans staff.
“They can also allocate funding to legal challenges such as those launched by the Good Law Project. This moves out of ‘words’ and into meaningful solidarity. This will need to complement support to trans staff during what is a dangerous and traumatic time for them. Can work from home policies be enacted to provide greater access to safety if needed? The business must ensure it keeps trans employees up to speed on their external advocacy”
The FA England originally amended its rules on 11 April to state that transgender women could continue to play in women’s football provided they met certain criteria. However, this will now change from 1 June.
Read more: Number of trans-related employment tribunals increases
Given current trends, trans-exclusionary policies are likely to spread across organisations and will likely have an impact across workforces, stated Jaron Soh, cofounder of LGBTQ+ wellbeing app Voda.
Soh told HR magazine: “This new rule will further stigmatise trans people, an already incredibly marginalised minority community (0.55%). Our 2024 State of Trans+ Mental Health Report found that 80.4% of trans+ people say that lack of social acceptance is their greatest mental health challenge and this will undoubtedly worsen the situation.
“The primary consideration for HR leaders and managers should be recognising the implicit transphobia prevalent in certain media headlines and organisational policies. There is an implicit misassumption that trans people are inherently dangerous, which is simply not true. Many organisations' trans-exclusionary policies are framed under the guise of 'protecting' women or children, but trans women, trans men and non-binary people are not dangerous simply because they are trans.”
